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Barbuda Local Government (CAP LAWS OF ANTIGUA AND BARBUDA Barbuda Local Government (CAP. 44 1 CHAPTER 44 THE BARBUDA LOCAL GOVERNMENT ACT Arrangement of Sections Section PART I Preliminary 1. Short title. 2. Interpretation. Establishment and Composition of Council 3. Establishment of Council. 4. Composition of Council. 5. Election of Chairman etc. PART I11 Membership of the Council 6. Qualifications for membership of the Council. 7. Forfeiture of seat. 8. Resignation of member. 9. Vacancies and by-elections. Elections 10. Supervisor of Elections. 11. Returning Officers etc. 12. Electoral lists. 13. Elections. 14. Retirement, re-election and tenure of Office of elected members. 15.Dissolution of the Council. LAWS OF ANTIGUA AND BARBUDA 2 CAP. 44) Barbuda Local Government 16.Rules. 17. Election petitions PART V Functions and Powers of the Council 18. Functions, powers and duties of Council. 19. Power to make by-laws. 20. Borrowing powers of Council. 21. Power to acquire land etc. Financial 22. Revenue and expenditure to be accounted for. 23. Use of money in Special Account. 24. Sources of revenue. 25. Estimates. 26. Provision of services to Council by Government. 27. Accounts. 28. Remission of Fees etc. 29. Property of Council. PART VII Secretary, Other Staff, and Public Officers 30.Secretary and other staff of the Council. 31 . Public Officers. 32.Duties and Powers of Secretary. 33. Casual workers. PART VIII Council Meetings and Procedure Thereat 34. Meetings of Council. 35. Majority decisions and casting votes. 36. Validity of proceedings. 37. Members pecuniary interests. 38. Committees. LAWS OF ANTIGUA AND BARBUDA Barbuda Local Government (CAP. 44 3 Assessments 39.Power of entry to assess premises for rates and taxes. 40.Land and House Taxes. 41. Notice of Assessment. 42. Assessment and service thereof. 43. Land and house taxes how recoverable. 44. Power of tenants to deduct land or house tax from rent. 45. Allowances to members of Council. 46. Offences. 47. Omnibus penalty. 48. Special provision as to the election of Chairman and Deputy Chairman for purposes of election on 22nd March, 1979. SCHEDULE. BARBUDALOCALGOVERNMENT (23rd December, 1976.) PART I Preliminary 1. This Act may be cited as the Barbuda Local Short Governjment Act. 2. In this Act, unless the context otherwise requires- lnte~retatiOn. "Barbuda" or "the Island" means the Island of Barbuda; "Chairman" includes a temporary and an acting Chairman; LAWS OF ANTIGUA AND BARBUDA 4 CAP. 44) Barbuda Local Government "the Council" means the Barbuda Council established under the provisions of section 3; 6' election" means an election of a member or members of the Council; Cap. 42 "existing by-laws" means by-laws under the Barbuda Act, and specified in the Schedule hereto; ''public office" and "public officer" shall have the same meaning as that assigned to them in section 127 (1) of the Constitution; "the Minister" means the Minister of Finance; "the Secretary" means the person appointed under sec- tion 30 to be Secretary of the Council. Establishment and Composition of Council Establishment of 3. (1) For .the purposes of this Act there shall be Council. established a Council for Barbuda (in this Act referred to as "the Council") which shall administer the system of local Government for the Island constituted by this Act. (2) The Council shall be a body corporate by the name of "the Barbuda Council" with perpetual succession and a common seal, and power to purchase, acquire, hold, mor- tgage and dispose of land and other property. (3) The Island shall be subject to the jurisdiction of the Council which is hereby invested with the powers set out in this Act. (4) The Council shall be entitled to make contracts and may sue and be sued by the name of "The Barbuda Coun- cil", and may for all purposes be described by that name; and service on the Council of all legal processes and notices shall be effected by service on the Secretary at the office of the Council. LAWS OF ANTIGUA AND BARBUDA Barbuda Local Government (CAP. 44 5 (5) The Council shall have an official seal which shall be judicially noticed and shall be authenticated by the signature of the Secretary; and any document purporting to be sealed with the said seal so authenticated shall be receivable in evidence of the particulars so stated in that document. (6) Until the Council obtains a seal in accordance with the provisions of subsection (5), a rubber stamp bearing the corporate name of the Council and authenticated as aforesaid may be used instead of such seal. 4. (1) The Council shall consist of the following per- Composition of sons, that is to say- Council. (a) the member of the House of Representatives for the constituency of Barbuda; (b) a member of the Senate who possesses the qualifications specified in subsection (1) of section 6; and (c) nine elected members. (2) When the Council first meets after this Act comes into force, and in January of every year, before it proceeds to the despatch of any other business, it shall elect two members to be the Chairman and Deputy Chairman respec- tively of the Council: Provided that in any year where an election is held pur- suant to section 14 of this Act, the election of a Chairman and Deputy Chairman shall take place at the first meeting after that election. (3) For the purposes of subsection (2) the member refer- red to in paragraph (a) of subsection (1) shall preside at the meeting of the Council until a Chairman and Deputy Chair- man are chosen. 5. (1) If during the life of the Council the Chairman ~~;~~a:a,"fet,. or Deputy Chairman resigns or dies or is disqualified from being a member of the Council the members shall elect a Chairman or a Deputy Chairman, as the case may be, to fill the vacancy thus created. LAWS OF ANTIGUA AND BARBUDA 6 CAP. 44) Barbuda Local Government (2) The Deputy Chairman of the Council shall act as Chairman in the absence of the Chairman from any meeting, and if both the Chairman and Deputy Chairman are absent, the members present may elect a temporary Chairman from among themselves for the purpose of that meeting. Membership of the Council Qualifications for 6. (1) Subject to the provisions of subsection (2) a per- membership of the council. son shall be qualified to be elected as a member of the Council if- (a) he is a Commonwealth citizen of the age of eigh- teen years and upwards; and (b) was born in Barbuda, or is the child of parents at least one of whom was born in Barbuda, or has resided in Barbuda for a period of not less than three years immediately before the date of his nomination for elec- tion; and (6) is not disqualified from being elected a member of the Council; and (4 is ordinarily resident in Barbuda, and Cap. 379. (e) is a registered voter under the Representation of the People Act. (2) A person shall be disqualified from being elected as a member of the Council who- (a) is by virtue of his own act under any acknowledgement of allegiance, obedience or adherence to a foreign power or state; or (6) is an undischarged bankrupt having been so adjudged or declared bankrupt in Antigua and Barbuda; or (6) 'is certified to be insane or otherwise adjudged to be of unsound mind under any law in force in Antigua and Barbuda; or (6) is under sentence of death imposed on him by a court or has been sentenced to imprisonment (by whatever name called) for a term of or exceeding twelve LAWS OF ANTIGUA AND BARBUDA Barbuda Local Government (CAP. 44 7 months and has not either suffered the punishment to which he was sentenced or such other punishment as may by competent authority have been substituted therefor, or received a free pardon; or (e) holds or is acting in any paid office or other place of profit in the gift or disposal of the Council; or Cf) is disqualified from being elected or being a member of the Council under any provisions of this Act or any other Act relating to corrupt or illegal practices; or ('g) holds or is acting in any public office; or (h) belongs to any of the Armed Forces of the Crown or to the Police Force; or (i) subject to any exemptions or limitations prescribed by the Legislature, has any such interest in any such contract with the Council as may be so prescribed; or @ ceases to be a Commonwealth citizen; or (k) is a minister of religion. 7. If any elected member of the Council is absent from fp:titure of any three consecutive meetings of the Council without the leave of the Chairman, or is absent from Antigua and Barbuda for more than sixty days without such leave, or if any circumstances arise that, if he were not such a member, would cause him to be disqualified for election, he shall cease to be a member and his seat shall thereupon become va- cant; and the Chairman shall without undue delay inform the Minister and the Supervisor of Elections in writing of the vacancy. 8. Any member of the Council may resign his seat of by writing under his hand addressed to the Chairman or, in the case of the Chairman, by writing under his hand addressed to the Secretary. 9. (1) Should a vacancy arise among the elected :;;:::$;;;d members of the Council, whether through death, resigna- tion or any other cause a by-election for the purpose of filling LAWS OF ANTIGUA AND BARBUDA 8 CAP. 44) Barbuda Local Government the vacant seat shall be held on such date as the Governor- General may appoint under paragraph (c) of subsection (1) of section 13.
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